s 

University  of  California  •  Berkeley 


CIRCULAR  No.  i. 


BY-  I.AWS 


OF    THE 


Military  Order  of  Foreign  Wars 
of  the  United  States 


CALIFORNIA    COMMANDERY 


ADOPTED  AT  A  MEETING  HELD  fin.  ~\  in  T~l   M'll  I  I  i^ 


SAN   FRANCISCO 
1896 


CIRCULAR  No.  I. 


B  Y  -  T^  AW  S 


OF   THE 


Military  Order  of  Foreign  Wars 
of  the  United  States. 


CALIFORNIA    COMMANDERY 


ADOPTED  AT  A  MEETING  HELD  MM  SAN  FRANCISCO, 
__JVtfy.   tZ.  /  /      1896 


SAN  FRANCISCO 

1896 


TKH 


(JDt'dn-  of     arjeiw  Wars 


OF    THE    UNITKD    STATES. 

CALIFORNIA 

1806. 


BY-LAWS. 

PREAMBLE. 

Whereas,  In  the  providence  of  God,  victory  crowned  the 
efforts  of  the  forces  engaged  in  establishing  and  maintaining 
the  principles  contended  for  by  the  American  Colonies  of  Great 
Britain  and,  later,  by  the  United  States  of  America,  against  for 
eign  foes,  in  the  conflicts  known  as  — 

THE  WAR  OF   THE  REVOLUTION, 
THE  WAR  WITH   TRIPOLI, 
THE  WAR  OE   1812,   and 
THE  MEXICAN   WAR; 

Therefore,  The  MILITARY  ORDER  OF  FOREIGN  WARS  OF 
THE  UNITED  STATES,  with  its  National  and  State  Commanderies, 
has  been  instituted  to  honor  and  perpetuate  the  names  of  brave 
and  loyal  men;  to  keep  in  mind  the  memory  of  their  glorious 
deeds  and  the  victories  which  they  helped  to  gain;  to  strengthen 
the  ties  of  fellowship  among  the  Companions  of  the  Order;  to 
foster  the  cultivation  of  Military  and  Naval  Science;  and  to  main 
tain  National  Honor,  Union,  and  Independence;  and, 

Therefore,  The  following  By- Laws  of  the  California  Com- 
mandery  are  adopted  and  established,  ratified  and  confirmed: — 

ARTICLE   I. 

NAME. 

This  society  shall  be  known  as  the  "MILITARY  ORDER  OF 
FOREIGN  WARS  OF  THE  UNITED  STATES,  CALIFORNIA  COM- 

MANDERY." 


.  HKV 

4  By- Laws  of  the  Military  Order  of 

ARTICLE   II. 

PRINCIPLES. 

This  Order  acknowledges  as  its  fundamental  principles,— 
First — A   firm  belief  and  trust   in   Almighty   God,    extolling 

Him  under  whose  benevolent  guidance  the  principles  contended 

for  have  been  established  and  maintained  and  the  blessings  of 

civil  liberty  secured. 

Second — True  allegiance  to  the  United  States  of  America, 

based  upon  a  paramount  respect  for  and  fidelity  to  the  National 

Constitution  and  Laws. 

ARTICLE    III. 

COMPANIONSHIP. 

SECTION  i.  Any  male  person,  above  the  age  of  twenty-one 
years,  a  citizen  of  the  United  States,  of  good  moral  character 
and  reputation,  shall  be  eligible  to  Companionship  in  this  Order, 
upon  further  qualifying  as  hereinafter  provided.  When  duly 
admitted,  such  persons  shall  be  known  as  "Companions." 
These  shall  be  either  "Veteran  Companions,"  "Hereditary 
Companions, "  or  "  Honorary  Companions. ' ' 

SEC.  2.  Veteran  Companions. — These  shall  be  Commissioned 
Officers  in  the  Army,  Navy,  or  Marine  Corps  of  the  United 
States,  or  honorably  discharged  therefrom,  who  did  active  field, 
garrison,  or  naval  duty  in  any  of  the  wars  designated  in  Section  4 
of  this  Article  as  soldiers,  sailors,  or  marines  in  the  service  of  one 
of  the  States,  or  of  the  United  States;  and  also  persons  who  did 
such  active  field,  garrison,  or  naval  duty  in  any  of  said  wars  as 
Commissioned  Officers  therein,  and  who  received  their  com 
missions  by  direct  act  of  either  Federal  or  State  authority,  and 
who  were  honorably  discharged  from  service. 

SEC.  3.  Hereditary  Companions. — These  shall  be  the  direct 
male  lineal  descendants,  in  the  male  line,  of  any  Veteran  Com 
panion,  or  of  a  Commissioned  Officer,  as  the  Propositus,  who 
performed  active  field,  garrison,  or  naval  duty,  as  a  Commissioned 
Officer,  in  any  of  said  wars,  and  who  received  his  commission  by 
direct  act  of  one  of  the  thirteen  original  Colonies,  or  of  Vermont, 
or  of  the  Continental  Congress,  or  of  one  of  the  States,  or  of  the 
United  States. 

Provided,  That  such  Propositus  remained  always  loyal  to  his 
cause  and  was  either  killed  or  died  in  service,  or  was  honorably 
discharged  therefrom ;  and 


Foreign  Wars  —  California  Commandery.  5 

Provided,  That  when  the  claim  to  eligibility  is  based  upon  the 
service  of  an  ancestor  in  the  "  Militia  "  it  must  be  satisfactorily 
shown  that  such  ancestor  was  actually  called  into  the  service  of 
one  of  said  thirteen  original  Colonies,  or  of  Vermont,  or  of  the 
Continental  Congress,  or  of  one  of  the  States,  or  of  the  United 
States,  and  performed  garrison  or  field  duty;  and 

Provided,  That  when  the  claim  to  eligibility  is  based  upon  the 
service  of  an  ancestor  as  a  "Naval"  or  "Marine"  Officer,  it 
must  be  satisfactorily  shown  that  such  service  was  regularly  per 
formed  in  the  Continental  Navy,  or  in  the  Navy  of  one  of  the 
thirteen  original  Colonies,  or  of  Vermont,  or  of  one  of  the  States, 
or  of  the  United  States,  or  on  an  armed  vessel,  other  than  a  mer 
chant  ship,  which  sailed  under  letters  of  marque  and  reprisal,  and 
that  such  ancestor  was  duly  enrolled  in  the  ship's  company  as  a 
Commissioned  Officer. 

SEC.  4.  Such  service  must  be  satisfactorily  shown  to  have 
been  performed  in  one  of  the  following  wars: 

THE  WAR  OF  THE  REVOLUTION,  between  the  igth  day  of 
April,  1775,  and  the  igth  day  of  April,  1783; 

THE  WAR  WITH  TRIPOLI,  between  the  loth  day  of  June, 
1801,  and  the  4th  day  of  June,  1805; 

THE  WAR  OF  1812,  between  the  i8th  day  of  June,  1812, 
and  the  i8th  day  of  February,  1815; 

THE  MEXICAN  WAR,  between  the  gth  day  of  May,  1846, 
and  the  4th  day  of  July,  1848. 

SEC.  5.  No  applicant  shall  be  admitted  to  Companionship  in 
this  Order  who  is  not  judged  to  be  worthy  of  becoming  a  Com 
panion  and  supporter  thereof. 

SEC.  6.  HONORARY  COMPANIONS  —  The  President  of  the 
United  States;  ex- Presidents  of  the  United  States;  General 
Officers  of  the  Army  of  the  United  States  not  below  the  rank 
of  Major- General;  Flag  Officers  of  the  Navy  of  the  United 
States  not  below  the  rank  of  Rear  Admiral;  shall  alone  be  eligi 
ble  to  Honorary  Companionship  in  this  Order,  and  when  admitted 
shall  be  known  as  "  Honorary  Companions." 

SEC.  7.  No  amendment  of  this  Article,  nor  of  any  Section 
thereof,  shall  be  in  any  way  effectual  unless  notice  thereof  shall 
have  been  given,  in  writing,  signed  by  the  proposer  thereof,  at  a 
regular  or  special  meeting  of  the  National  Commandery  next 
previous  to  that  at  which  such  amendment  shall  be  adopted,  nor 
unless  the  same  shall  have  received,  before  its  adoption,  the  con- 


6  By-Laws  of  the  Military  Order  of 

sents,  in  writing,  of  three-fourths  of  all  the  Veteran  and  Heredi 
tary  Companions  of  the  Order  in  good  standing,  and  shall  have 
been  adopted  at  a  regular  or  special  meeting  of  the  National 
Commandery,  by  a  two-thirds  vote  of  all  the  General  Officers  and 
Delegates  present,  after  such  written  consents  shall  have  been  filed 
with  the  Secretary- General. 

ARTICLE    IV. 

GOVERNMENT. 

The  California  Commandery  shall  be  governed,  in  all  respects, 
by  the  provisions  of  Article  IX  —  State  Commanderies  —  of  the 
Constitution  of  the  National  Commandery. 

ARTICLE   V. 

SEAL. 

The  seal  of  the  California  Commandery  shall  be  the  same  as 
the  seal  of  the  National  Commandery,  with  the  addition  of  a 
grizzly  bear,  passant,  proper,  in  the  base  of  the  shield,  and  sur 
rounded  by  the  legend,  Military  Order  of  Foreign  Wars  of  the 
United  States.  California  Comwandery,  1896. 

ARTICLE  VI. 

DECLARATION. 

Every  Companion  of  this  Commandery  shall  declare  upon 
honor  that  he  will  use  his  best  efforts  to  promote  the  purposes  of 
the  Order,  and  that  he  will  observe  the  Constitution  and  By-Laws 
of  the  same,  and  shall  further  declare  that  he  will  support  the 
Constitution  of  the  United  States. 

ARTICLE  VII. 

INSTITUTION    CONSIDERED. 

At  every  meeting  the  principles  and  purposes  of  the  Order 
shall  be  considered,  and  the  best  means  to  promote  them  adopted. 
No  question  involving  any  religious  matter,  or  the  party  politics  of 
the  day  within  the  United  States,  shall,  however,  be  discussed  at 
any  meeting  of  the  Commandery. 

ARTICLE  VIII. 

OFFICERS  AND  EX-OFFICIO  MEMBERS  OF    THE  COUNCIL. 

The  officers  of  the  Military  Order  of  Foreign  Wars  of  the 
United  States,  California  Commandery,  shall  be  a  Commander,  a 


Foreign  Wars  —  California  Commandery.          7 

Vice-Commander,  a  Judge  Advocate,  a.  Secretary,  a  Deputy- 
Secretary,  a  Treasurer,  a  Registrar,  a  Surgeon,  and  a  Chaplain? 
who  shall  be  chosen  by  ballot,  at  every  annual  meeting,  from 
among  the  Companions  of  the  Commandery,  and  who  shall  be 
ex-officio  Companions  of  the  Council.  The  officers  shall  hold  office 
for  the  period  of  one  year,  or  until  their  successors  are  duly  elected. 
The  ballots  of  absent  Companions  in  good  standing  may  be  sent 
by  mail  to  the  Secretary  of  the  Commandery,  before  the  annual 
meeting,  and  shall  be  counted  as  if  the  Companions  were  there 

present. 

ARTICLE    IX. 

OTHER    COMPANIONS    OF    THE    COUNCIL. 

Four  Companions  of  the  Council,  in  addition  to  the  nine 
ex-officio  Companions,  shall  be  elected  at  every  annual  meeting, 
after  the  Commandery  numbers  more  than  thirty  members. 

ARTICLE   X. 

COMMITTEES    AND    DELEGATES. 

The  Commandery  shall,  at  every  annual  meeting,  elect  five 
Companions  to  act  as  a  Nominating  Committee,  who,  one  month 
before  the  next  ensuing  annual  meeting,  shall  report  a  list  of 
names  to  be  voted  upon  at  such  next  ensuing  annual  meeting  to 
fill  the  vacancies  in  office.  The  names  and  offices  and  positions 
for  which  such  persons  are  nominated  shall  be  sent  to  the  Com 
panions  by  the  Secretary  two  weeks  before  the  election.  The 
voting  shall  be  by  ballot.  No  votes  shall  be  counted  from  Com 
panions  who  are  in  arrears  for  dues. 

The  Commander  shall  annually  designate  five  Delegates  to  the 
National  Commandery,  and  five  Alternates. 

ARTICLE   XI. 

COMMEMORATION. 

It  shall  be  a  standing  regulation  that  the  Companions  of  the 
Commandery  shall,  when  practicable,  hold  a  commemorative 
celebration  and  dine  together  at  least  once  a  year,  on  a  day  and 
at  a  place  to  be  appointed  by  the  Commander. 

ARTICLE   XII. 

INSIGNIA     OF    THE     ORDER. 

The  insignia  of  the  Order  shall  be  as  provided  in  Article  XII 
of  the  Constitution  of  the  National  Commandery. 


8  By-Laws  of  the  Military  Order  of 

The  decoration  shall.be  worn  by  the  Companions  of  the  Order 
on  all  occasions  when  they  assemble  as  such  for  any  stated  pur 
pose  or  celebration;  and  may  be  worn  on  any  occasion  of  cere 
mony.  It  shall  be  worn  conspicuously  on  the  left  breast;  but 
Veteran  Companions,  or  Companions  who  are  or  have  been  offi 
cers,  may  wear  it  suspended  around  the  neck.  It  shall  never  be 
worn  as  an  article  of  jewelry,  nor  except  in  the  manner  and  under 
conditions  herein  prescribed;  and  the  ribbon  shall  not  be  dis 
played  separately. 

No  Companion  shall  receive  more  than  one  set  of  insignia, 
unless  to  replace  a  loss  which  shall  first  be  satisfactorily 
established. 

On  occasions  as  hereinbefore  designated,  except  meetings  for 
a  stated  purpose,  Companions  may  wear  a  miniature  decoration 
upon  the  left  breast  or  at  the  buttonhole  of  the  dress  coat. 

On  occasions  other  than  those  above  set  forth,  Companions 
may  wear  a  rosette  of  the  prescribed  ribbon,  and  pattern,  in  the 
upper  buttonhole  of  the  left  lapel  of  the  coat. 

The  rosette  is  not  to  be  worn  with  evening  dress. 

ARTICLE   XIII. 

DIPLOMA. 

The  diploma  of  the  Order  shall  be  as  provided  in  Article  XIII 
of  the  Constitution  of  the  National  Commandery. 

ARTICLE   XIV. 

INITIATION    FEE,    ANNUAL    DUES,    AND    CONTRIBUTIONS. 

The  initiation  fee  shall  be  Ten  Dollars.  The  annual  dues 
shall  be  Five  Dollars,  which  shall  be  payable  on  the  first  day  of 
January  in  every  year.  The  payment  at  one  time  of  Fifty  Dol 
lars  shall  thereafter  exempt  the  Companion  so  paying  from  pay 
ment  of  annual  dues.  Any  Companion  who  shall  contribute 
Two  Hundred  and  Fifty  Dollars  to  the  "Permanent  Fund"  of  the 
Commandery  shall  be  exempt  from  the  payment  of  annual  dues, 
and  this  exemption  shall  extend  in  perpetuity  to  his  lineal  succes 
sors  in  Companionship  from  the  same  propositus,  one  at  a  time, 
who  may  be  selected  for  such  exemption  by  the  Council  of  the 
Commandery. 


Foreign  Wars  —  California  Commandery.          9 
ARTICLE   XV. 

PERMANENT    FUND. 

There  shall  be  a  "  Permanent  Fund"  to  be  derived  from  con 
tributions,  or  from  sums  set  apart  for  this  use  by  order  of  the 
Council,  which  shall  remain  forever  to  the  use  of  the  Com 
mandery,  of  which  the  income  only  shall  be  expended. 

ARTICLE   XVI. 

COMMANDER. 

The  Commander,  or,  in  his  absence,  the  Vice-Commander,  or, 
in  his  absence,  a  Chairman  pro  tempore,  shall  preside  at  all  meet 
ings  of  the  Commandery  and  of  the  Council,  and  shall  exercise 
the  usual  functions  of  a  presiding  officer,  under  general  parlia 
mentary  rules,  subject  to  an  appeal  to  the  Commandery.  The 
Commander  shall  be,  ex-officio,  a  member  of  all  Committees 
other  than  the  Committee  on  Nominations.  He  shall  annually 
appoint  the  Delegates  and  Alternates  named  in  Article  X. 

He  shall  have  the  power  to  convene  the  Council  at  his  discre 
tion,  and  to  appoint  the  place  of  such  meetings  when  called 
by  him. 

He  shall  also  perform  such  other  representative  duties  on 
behalf  of  the  Commandery,  either  personally  or  by  correspon 
dence,  as  the  Commandery  or  the  Council  may  find  desirable  or 
necessary,  or  as  customarily  appertain  to  his  office;  and  he  shall 
enforce  a  strict  observance  of  the  Constitution  and  By-Laws  of 
the  Commandery. 

In  case  of  his  decease,  resignation,  or  inability  from  any  cause 
to  act  as  Commander,  the  duties  of  the  office  shall  devolve  on 
the  Vice-Commander  until  the  vacancy  caused  by  such  decease 
or  resignation  shall  be  filled,  or  until  his  inability  shall  cease. 

ARTICLE   XVII. 

VICE-COMMANDER. 

The  Vice-Commander  shall  preside  at  all  meetings  of  the 
Commandery  and  of  the  Council,  in  the  absence  of  the  Com 
mander. 

ARTICLE    XVIII. 

JUDGE    ADVOCATE. 

The  Judge  Advocate  shall  be  an  attorney-at-la\v,  and  it  shall 
be  his  duty  to  give  legal  opinion  upon  questions  of  law  for  the 


io  By -Laws  of  the  Military  Order  of 

benefit  of  the  Commandery,  when  called  upon  to  do  so  by  the 
Commander  or  by  the  Council.  He  shall  represent  the  Com 
mandery  at  every  meeting  called  to  consider  charges  preferred 
against  any  Companion. 

ARTICLE   XIX. 

SECRETARY. 

The  Secretary  shall  conduct  the  general  correspondence  of 
the  Commandery,  under  the  general  direction  of  the  Commander 
and  of  the  Council,  and  shall  keep  a  record  thereof.  He  shall 
notify  all  elected  candidates  of  their  election,  and  shall  perform 
such  other  duties  as  his  office  may  require.  He  shall  have  charge 
of  the  seal,  and  of  the  records  of  the  Commandery  other  than 
those  required  to  be  deposited  with  the  Registrar,  and  shall  affix 
the  seal  to  all  properly  authenticated  certificates  of  Companion 
ship. 

He  shall  notify  the  Registrar  and  the  Treasurer,  in  writing, 
of  all  admissions  to  Companionship.  He  shall  certify  all  acts  of 
the  Commandery,  and,  where  required,  authenticate  them  under 
seal.  He  shall  have  immediate  charge  of  the  printing  and  of  the 
publications  issued  by  the  Commandery.  He  shall  give  due 
notice  of  the  times  and  places  of  the  holding  of  all  meetings  of 
the  Commandery  and  of  the  Council,  and  shall  incorporate  in 
such  notice  the  names  of  all  applicants  for  Companionship  to  be 
voted  for  at  such  meetings  of  the  Council,  and  shall  be  present 
at  the  same.  He  shall  keep  fair  and  accurate  records  of  all  the 
proceedings  and  orders  of  the  Commandery  and  of  the  Council, 
and  shall  give  notice  to  each  Companion  who  may  be  affected  by 
them,  of  all  votes,  resolutions,  and  proceedings  of  the  Com 
mandery  or  of  the  Council,  and,  at  the  annual  meeting,  or 
oftener,  he  shall  report  the  names  of  the  candidates  who  have 
been  admitted  to  Companionship,  and  of  the  Companions  whose 
resignations  have  been  accepted,  and  of  those  Companions  who 
have  been  expelled  for  cause  or  dropped  from  the  roll  for  failure 
to  substantiate  claim  of  descent.  The  Deputy-Secretary  shall  act 
in  his  absence. 

ARTICLE    XX. 

DEPUTY-SECRETARY. 

The  Deputy-Secretary  shall  perform  the  duties  of  Secretary 
at  such  times  and  to  such  extent  as  may  be  designated  by  the 
Secretary. 


Foreign  Wars  —  California  Commandery.         i I 
ARTICLE   XXI. 

TREASURER. 

The  Treasurer  shall  collect  and  keep  secure  the  funds  and 
securities  of  the  Commandery;  and  as  often  as  such  funds  shall 
amount  to  one  hundred  dollars,  they  shall  be  deposited  in  some 
bank  in  the  City  of  San  Francisco,  which  shall  be  designated 
by  the  Council,  to  the  credit  of  the  Military  Order  of 
Foreign  Wars  of  the  United  States,  California  Commandery, 
and  such  funds  shall  be  drawn  thence  on  the  cheque  of  the 
Treasurer,  for  the  purposes  of  the  Commandery  only.  Out  of 
these  funds  he  shall  pay  such  sums  only  as  may  be  ordered  by 
the  Commandery  or  the  Council,  or  such  as  the  purposes  of  his 
office  may  require.  He  shall  keep  a  true  account  of  his  receipts 
and  disbursements,  and  at  each  annual  meeting  shall  render  the 
same  to  the  Commandery. 

He  shall  have  the  charge  and  issuance  of  the  insignia  of  the 
Commandery;  keeping  an  accurate  record  of  the  same. 

For  the  faithful  performance  of  his  duties  he  may  be  required 
to  give  such  security  as  the  Commandery  may  deem  proper. 

ARTICLE   XXII. 

REGISTRAR. 

The  Registrar  shall  receive  from  the  Secretary,  file  and  keep 
all  the  proofs  upon  which  Companionship  shall  have  been  granted; 
together  with  a  list  of  all  diplomas  countersigned  by  him  and  all 
documents,  rolls  or  other  evidences  of  service  of  which  the  Com 
mandery  may  become  possessed;  and  he  shall  make,  or  cause  to 
be  made,  for  filing  in  his  office,  copies  of  such  original  or  certified 
documents  as  the  owners  thereof  may  not  be  willing  to  leave  per 
manently  in  the  custody  of  the  Order. 

ARTICLE   XXIII. 

SURGEON. 

The  Surgeon  shall  be  a  practicing  physician. 
ARTICLE   XXIV. 

CHAPLAIN. 

The  Chaplain  shall  be  a  regularly  ordained  minister  of  a 
Christian  denomination,  and  it  shall  be  his  duty  to  open  all 
meetings  with  customary  services,  and  to  perform  such  other 
duties  as  ordinarily  appertain  to  such  office. 


12  By- Laws  of  the  Military  Order  of 

ARTICLE   XXV. 

COMPANIONS     OF     THE     COUNCIL. 

The  Council  shall  consist  of  nine  Companions  until  the  Com- 
mandery  numbers  more  than  thirty  members;  and  thereafter 
of  thirteen  Companions  as  provided  in  Articles  VIII  and  IX. 

The  Council  shall  judge  of  the  qualifications  of  every  candi 
date  for  admission  to  the  Commandery,  and  shall  have  power  to 
admit  such  candidate  to  Companionship  therein,  if  found  eligible 
under  the  Constitution  of  this  Commandery.  The  Council  may, 
through  the  Secretary,  call  special  meetings  of  the  Council  at 
such  times  and  places  as  they  may  see  fit. 

They  shall  generally  superintend  the  interests  of  the  Com 
mandery  and  shall  have  the  control  and  management  of  its  affairs 
and  funds. 

They  shall  also  perform  such  other  duties  as  may  be  prescribed 
by  the  By-Laws  of  the  Commandery,  or  required  by  any  standing 
rule  or  resolve  of  the  Commandery,  provided,  however,  that  they 
shall  at  no  time  be  required  to  take  any  action,  nor  contract  any 
debt  for  which  they  may  be  jointly  or  severally  liable.  They  shall 
be  competent  to  consent  to  and  to  accept  the  resignation  or  volun 
tary  withdrawal  from  Companionship  of  any  enrolled  Companion 
of  the  Commandery.  They  may  require  the  attendance  of  any 
Companion  of  the  Commandery  or  any  Officer  or  Committee 
thereof,  at  any  meeting  for  consultation  and  advice.  The  Council 
shall  meet  as  often  as  the  Companions  thereof  may  desire;  and 
shall  also  meet  at  the  call  of  the  Commander. 

Five  members  of  the  Council  shall  be  a  quorum  for  the  trans 
action  of  business.  At  every  annual  meeting  of  the  Commandery 
the  Companions  of  the  Council  shall  submit  a'  general  report  of 
their  proceedings  during  the  year  then  closing;  and  shall  also 
submit  such  reports  at  such  other  times  as  may  be  required  by  the 
Commandery. 

ARTICLE    XXVI. 

VACANCIES    AND    TERMS    OF    OFFICE. 

Whenever  an  Officer  of  this  Commandery  shall  die,  resign, 
neglect  to  serve,  or  be  suspended,  or  become  unable  to  perform 
his  duties  by  reason  of  absence  or  other  cause,  and  whenever  an 
office  shall  be  vacant  which  the  Commandery  shall  not  have  filled 
by  an  election,  the  Council  shall  have  power  to  appoint  a  Com 
panion  to  such  office  pro  tempore,  who  shall  act  in  such  capacity 


Foreign  Wars — California  Commandery.        13 

until  the  Commandery  shall  elect  a  Companion  to  the  vacant  office, 
or  until  the  disability  due  to  such  absence  or  other  cause  shall 
cease;  provided,  however,  that  no  Commander  pro  tempore  shall 
be  appointed  by  the  Council  while  there  shall  be  a  Vice-Com 
mander  to  discharge  the  duties  thereof;  and  no  Secretary  pro 
tempore  shall  be  appointed  while  there  is  a  Deputy-Secretary  to 
act.  The  Council  may  supply  vacancies  in  its  own  numbers 
and  in  the  Committee  on  Nominations  under  the  same  conditions, 
and  may  elect  Companions  of  the  Commandery  to  fill  such 
vacancies.  Vacancies  among  the  Delegates  and  Alternates  shall 
be  filled  by  the  Commander.  Subject  to  these  provisions,  all 
officers  and  all  Companions  of  the  Council  shall  from  the  time 
of  their  election  continue  in  their  respective  offices  until  the  next 
annual  meeting  of  the  Commandery,  or  until  their  successors  are 
duly  elected. 

ARTICLE   XXVII. 

RESIGNATION. 

No  resignation  of  any  Companion  shall  become  effective 
unless  consented  to  by  the  Council. 

ARTICLE   XXVIII. 

DISQUALIFICATION. 

No  person  who  may  be  enrolled  as  a  Companion  of  this 
Commandery  shall  be  permitted  to  continue  in  Companionship 
therein  where  his  proof  of  eligibility  shall  be  found  to  be 
defective. 

The  Council,  after  thirty  days'  notice  to  such  Companion  to 
substantiate  his  claim,  and  upon  his  failure  satisfactorily  so  to  do, 
may  require  the  Secretary  to  erase  his  name  from  the  roll.  The 
said  person  shall  have  a  right  to  appeal  to  the  Commandery  at 
its  next  meeting  or  at  the  annual  meeting  thereof.  If  such  appeal 
shall  be  sustained  by  a  two-thirds  vote  of  the  Companions  present 
at  such  meeting,  the  name  of  said  Companion  shall  be  restored  to 
the  Companionship  roll. 

ARTICLE   XXIX. 

SELECTION    OF    COMPANIONS. 

With  the  view  of  making  Companionship  in  this  Order  of  the 
greatest  distinction,  and  to  avoid  the  embarrassments,  both  to 
Officers  and  to  Companions  proposing  candidates,  consequent  on 


*4  By -Laws  of  the  Military  Order  of 

the  rejection  of  applicants,  the  Council  will  adopt  the  following 
method  of  nominating  candidates  for  Companionship,  according 
to  which  no  one  may  apply  for  Companionship  without  first  hav 
ing  been  invited  to  do  so  by  the  Council. 

The  Council  will  select  by  vote  any  gentleman  whom  they 
deem  a  desirable  candidate,  and  whom  they  have  reason  to 
believe  desires  Companionship.  The  candidate  so  selected  will 
be  notified  by  the  Secretary  that  he  has  been  selected  by  the 
Council  for  the  conferring  of  Companionship,  subject  to  his  fur 
nishing  satisfactory  records  of  eligibility,  in  conformity  with  the 
By-Laws.  A  form  of  acceptance  will  be  enclosed,  upon  receipt 
of  which,  duly  signed,  the  Secretary  will  forward  the  formal 
application  blanks. 

Any  two  Companions  may  suggest  to  the  Council  a  name,  by 
filling  out  and  filing  with  the  Secretary  the  following  form,  which, 
however,  is  not  to  be  construed  in  any  sense  as  an  application, 
but  merely  as  a  suggestion,  which  the  Council  may  or  may  not 
act  upon  without  prejudice  to  the  name  suggested: — 

To  THE  COUNCIL: 

GENTLEMEN  :  — We  respectfully  suggest  for  your  consideration  the 

name  of  Mr of Street 

who  is  a  direct  descendant  in  the  male  line  from 

a  commissioned  officer  in  the  War 

and  who  is  personally  known  to  us,  and  known  to  us  to  be  in  every 
respect  a  desirable  candidate  for  Companionship  in  this  Order. 

Companion.  Companion. 

ARTICLE   XXX. 

EXPULSION   OR   SUSPENSION. 

Any  Companion,  for  conduct  detrimental  or  antagonistic  to 
the  interests  or  purposes  of  the  Commandery,  or  for  other 
just  cause,  may  be  suspended  or  expelled  from  the  Com 
mandery;  but  no  Companion  shall  be  suspended  or  expelled 
unless  written  charges  be  preferred  against  such  Companion  to 
the  Council. 

The  Council  shall  give  reasonable  notice  of  such  charges  and 
shall  afford  such  Companion  a  reasonable  opportunity  to  be 
heard  and  to  refute  the  same. 

The  Council,  after  hearing  such  charges,  may  recommend  to 
the  Commandery  the  expulsion  or  suspension  of  such  Companion; 
and  if  the  recommendation  of  the  Council  be  adopted  by  a 


Foreign  Wars  —  California  Commandery.         15 

majority  vote  of  the  Companions  of  the  Commandery  present  at 
the  meeting  at  which  such  recommendation  is  presented,  such 
Companion  shall  be  accordingly  expelled  or  suspended  and  the 
insignia  and  diploma  of  such  Companion  shall  thereupon  be 
returned  to  and  reclaimed  by  the  Treasurer  of  the  Commandery, 
and  all  rights  of  such  Companion  therein  shall  be  extinguished 
or  suspended.  The  Treasurer  shall  refund  to  the  Companion 
so  expelled  or  suspended  the  amount  paid  for  such  insignia. 

ARTICLE   XXXI. 

MEETINGS. 

The  annual  meeting  of  the  Commandery  shall  be  held  on  the 
second  Thursday  of  December  in  each  year,  in  the  City  of  San 
Francisco. 

Special  and  business  meetings  may  be  called  by  the  Com 
mander  at  such  times  and  places  within  the  State  of  California  as, 
in  his  opinion,  the  interests  of  the  Commandery  demand,  and  must 
be  called  by  the  Secretary  on  the  written  request  of  three  Com 
panions.  Meetings  called  in  conformity  to  such  requests  shall  be 
held  in  San  Francisco.  All  notices  of  meetings  shall  be  sent  by 
mail  at  least  ten  days  before  the  date  of  meeting. 

ARTICLE   XXXII. 

SERVICE    OF    NOTICE. 

It  shall  be  the  duty  of  every  Companion  to  inform  the  Secre 
tary  by  written  communication  of  his  place  of  residence  and  of 
his  post-office  address,  and  of  every  change  thereof.  Service  of 
any  notice  under  the  By-Laws  of  the  Commandery  on  any  Com 
panion  addressed  to  his  last  known  place  of  residence  or  post- 
office  address,  enclosed  in  a  post-paid  wrapper  and  deposited  in 
the  mails,  shall  be  a  good  and  sufficient  service  of  notice. 

ARTICLE   XXXIII. 

DECEASE    OF    COMPANIONS. 

Upon  the  decease  of  any  Companion  residing  within  the  State 
of  California,  notice  thereof  and  of  the  time  and  place  of  the 
funeral  shall  be  given  by  the  Secretary  by  publication,  and  all 
Companions  who  can  conveniently  attend  the  funeral  services 
shall  do  so  and  shall  wear  the  insignia  of  the  Order. 


1 6  By -Laws  of  the  Military  Order  of 

ARTICLE   XXXIV. 

ORDER     OF     BUSINESS. 

i — Meeting  called  to  order  by  Commander. 

2 — Prayer  by  Chaplain. 

3 — Reading  of  Minutes  of  previous  Meeting. 

4 — Election  of  Officers  and  Council  and  Committees  when 
necessary. 

5 — Communications  from  or  Report  of  Council. 

6 — Reports  of  Officers. 

7 — Reports  of  Special  Committees. 

8 — Unfinished  Business. 

9 — Written  Communications  requiring  action. 
10 — Notices  of  Motion  for  subsequent  Meeting, 
ii — Miscellaneous  Business. 

ARTICLE   XXXV. 

RECOMMENDATION    OF    CANDIDATES. 

No  Companion  shall  approve  any  application  for  Companion 
ship  in  this  Order  unless  he  shall  know  the  candidate  to  be 
personally  worthy,  and  shall  have  satisfied  himself,  by  due 
examination  of  proofs,  that  such  candidate  is  eligible,  and  also 
that  the  applicant  will,  if  admitted,  be  a  desirable  Companion. 

ARTICLE   XXXVI. 

AMENDMENTS. 

No  alteration  or  amendment  of  these  By-Laws  shall  be  made 
unless  notice  shall  have  been  given  in  writing,  signed  by  the 
Companion  proposing  the  same,  at  a  previous  regular  meeting. 
No  amendment  shall  be  made  unless  adopted  by  a  two-thirds  vote 
of  the  Companions  of  the  Commandery  in  good  standing,  by  a 
vote  in  person  or  by  written  proxy,  at  a  meeting  voting  upon  the 
same. 

This  Article  shall  not  apply  to  amendments  of  Article  III, 
which  contains  its  own  amendatory  clause. 

ARTICLE  XXXVII. 

The  following  officers  and  Committee,  together  with  those 
subsequently  elected  by  the  Council,  shall  serve  until  the  annual 
meeting  in  December,  1897,  namely: 


Foreign  Wars  —  California  Commander y.         17 
OFFICERS 

OF   THE 

Military  Order  of  Foreign  Wars  of  the  United  States 

CALIFORNIA    COMMANDERY. 
1896-7. 


COMMANDER 


VICE-COMMANDER 


JUDGE-ADVOCATE 


SECRETARY 


DEPUTY-SECRETARY 


TREASURER 


REGISTRAR 


SURGEON 


CHAPLAIN 


(  The  above  constitute  the  Council,) 


1 8    By- Laws  M.  O.  F.  W. — California  Commandery. 


COMMITTEE  ON  NOMINATIONS. 


DELEGATES  AND  ALTERNATES   TO  THE   NATIONAL 
COMMANDERY. 

DELEGATES. 


ALTERNATES. 


gttilitavy  ©nUr  of  If oreigu 


OF    THE    UNITED    STATES. 


NATIONAL    COMMANDERY. 

1896. 

Commander-  General, 
BVT. -MAJOR-GENERAL  ALEXANDER  STEWART  WEBB,  late  U.  S.  A. 

Vice-Commanders-General, 

REAR-ADMIRAL  BANCROFT  GERHARDI,  U.  S.  N. 
New  York. 

REAR-ADMIRAL  RICHARD  W.  MEADE,  U.  S.  N. 

Pennsylvania. 

A.  FLOYD  DELAFIELD, 
Connecticut. 

JAMES  H.  GILBERT, 

Illinois. 
Secretary-General,  Treasurer-  General, 

TAMES  HENRY  MORGAN.  EDWARD  S.  SAYRES, 

89   Liberty  Street,   New  York.  217  South  Third  Street,  Philadelphia,  Penn. 

Registrar-  General, 

THE  REV.  HENRY  N.  WAYNE, 

New  Britain,  Conn. 
Historian  •  General, 

CAPT.  HENRY  HOBART  BELLAS,  U.  S.  A. 
Judge- Advocate-General, 

FRANK  MONTGOMERY  AVERY. 

Chaplain-  General, 
THE  REV.  C.  ELLIS  STEVENS,  LL.D.,  D.C.L. 

Recorder-  General, 

FREDERICK  J.  HUNTINGTON. 
NEW     YORK    COMMANDERY. 

(Instituted  December  27,  1894.) 
Commander, 

DAVID  BANKS. 

Secretary, 

ROBERT  WEBB  MORGAN, 
89  Liberty  Street,  New  York  City. 

PENNSYLVANIA    COMMANDERY. 

(Instituted  April  29,  1895.) 
Commander, 

REV.  C.  ELLIS  STEVENS,  LL.D.,  D.C.L. 

Secretary, 

CHARLES  ESTE, 
4111  Baltimore  Avenue,  Philadelphia. 

CONNECTICUT     COMMANDERY. 

(Instituted  February  13,  1896.) 
Commander, 

HON.  MORGAN  C.  BULKELEY. 

Secretary, 

REV.  HENRY  N.  WAYNE, 

New  Britain,  Conn. 

(  Common  deries  are  forming  in  the  States,  etc.,  of  District  of  Columbia,  Ohio,  Georgia, 
Maine,  Mississippi,  Vermont,  California,  Illinois,  Florida  and  Tennessee,) 


12   94  56 


